Under section 465 of Criminal Code plea of error should be taken at earliest stage

ROSY AND ANR. vs STATE OF KERALA AND ORS. [ 10/01/2000] The High Court failed to notice the provisions of Section 465 of the Code as the objection with regard to such error, omission or irregularity in the committal order was required to be raised at the earliest stage. After committal order in the case, the trial was almost … Continue reading Under section 465 of Criminal Code plea of error should be taken at earliest stage

Recalling or Reviewing an Order by Criminal Court

Law Library Magistrate and Sessions Court  Bindesi-Iwari Prasad Singh vs Kali Singh[citations: 1977 AIR 2432, 1977 SCR (1) 125] There is absolutely no provision in the Code of Criminal Procedure of 1908 (which applies to this case) empowering a Magistrate to. review or recall an order passed by him. Code of Criminal Procedure does contain a provision … Continue reading Recalling or Reviewing an Order by Criminal Court

Sentencing Policy set by Supreme Court

Law Library Death Penalty  Law Explained by Supreme Court in Santosh Kumar Satisbhusan case Read More.....   The grand policy Santosh Kumar Satishbhushan Bariyar vs. the State of Maharashtra (2009) 6 SCC 498, Apex Court held the nature, motive, and impact of crime, culpability, quality of evidence, socio economic circumstances, impossibility of rehabilitation and some of the factors, the … Continue reading Sentencing Policy set by Supreme Court

Guidelines for District Magistrates and Senior Superintendent of Police for cases under Juvenile Justice Care and Protection Act, 2015 and Protection of Children from Sexual offences Act 2012

Law Library   1. Understand the working of Special Juvenile Police Unit (SJPU) in your district. 2. Find out the working of the Integrated Child Protection Scheme (ICPS) in your district. Contact your District Probation Officer/ Child Protection Officer/Nodal Officer of ICPS 3. Publicize the contact numbers of the In-charge of the SJPU and ICPS at all the Police … Continue reading Guidelines for District Magistrates and Senior Superintendent of Police for cases under Juvenile Justice Care and Protection Act, 2015 and Protection of Children from Sexual offences Act 2012

Victimology

Law Library whether Courts have a duty to advert to the question of awarding compensation to the victim and record reasons while granting or refusing relief to them? The 154th Law Commission Report on the CrPC devoted an entire chapter to ‘Victimology’ in which the growing emphasis on victim’s rights in criminal trials was discussed extensively as under: “1. Increasingly the … Continue reading Victimology

Trial of Summons-Cases by Magistrates

Law Library Chapter XX Trial of Summons-Cases by Magistrates Punishment up to Two years  The Summons / Warrants to be executed by Police. The copy of the Complaint along with all the documents relied upon by the Complainant must be furnished to the accused Dismissal of Complaint for default – section 256 Examination of accused … Continue reading Trial of Summons-Cases by Magistrates

Electronic Evidence in Indian Law

Section 3. EVIDENCE”.— “ Evidence” means and includes— (1) all statements which the Court permits or requires to be made before it by witnesses, in relation to matters of fact under inquiry, such statements are called oral evidence; (2) all documents including electronic records produced for the inspection of the Court, such documents are called … Continue reading Electronic Evidence in Indian Law

Commentaries on The Arms Act 1959

Law Library The Arms Act, 1959 Chapter I - Preliminary Chapter II - Acquisition, Possession, Manufacture, Sale, Import, Export and ... Chapter III - Provisions relating to Licences Chapter IV - Powers and Procedure Chapter V - Offences and Penalties Chapter VI - Miscellaneous The Arms Act, 1959 [23rd December, 1959] An Act to consolidate … Continue reading Commentaries on The Arms Act 1959

Commentaries on Negotiable Instrument Act 1881

The Negotiable Instruments Act, 1881 [9th December, 1881]   CHAPTER-1 Short title.— This Act may be called The Negotiable Instruments Act, 1881. Local extent, saving of usages relating to Hundis, etc., Commencement.— It extends to the whole of India but nothing herein contained affects the Indian Paper Currency Act, 1871 (3 of 1871), section 21, or … Continue reading Commentaries on Negotiable Instrument Act 1881